• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Grizzly Law

Grizzly Law

Kalispell Personal Injury Law Firm

  • Our Team
    • Lee Henning
    • Rebecca Henning-Rutz
    • Cathy Kahnle
    • Melinda Cole
    • Keirsten Giles
  • Practice Areas
    • Personal Injury Lawyer
    • Car Accident
    • Motorcycle Accident
    • Slip and Fall
    • Medical Malpractice
    • Bicycle or Pedestrian Injury
  • Educate
  • Contact
Start Here

The Journey of An Injury Lawsuit

You are here: Home / Personal Injury / The Journey of An Injury Lawsuit

by Rebecca Rutz

A question I get asked pretty regularly is: “so, if I hire a lawyer, does that mean I’m going to trial?”  In injury cases, the answer is “probably not.”

In Montana, the statute of limitations for negligence is 3 years. This means that, in most injury cases, a person has three years before they must file a lawsuit in court.  This also means that the first stage of the case is for us, the lawyers, to negotiate with the insurance company BEFORE anything gets filed in court. Most of the cases we sign up for are settled in this stage.

“In Montana … an injured party has 3 years from the date the lawsuit is filed to actually serve the Complaint…”

If the case is obviously not going to settle, or we are approaching the 3-year mark, we file the lawsuit. In Montana state courts an injured party has 3 years from the date the lawsuit is filed to actually serve the Complaint on the defendant. Sometimes this means that we are able to continue negotiating with an insurance company even after the lawsuit is filed.

The second stage of a case starts when the Complaint is served on the defendant. That’s typically when the insurance company will hire a lawyer. This is where the injured party generally has to answer written questions called Interrogatories, gets his/her deposition taken and we get ready for trial. We call this the “active litigation” stage.  But even if a case is in active litigation, this does not mean the case will actually go to trial. Even of the cases that get into active litigation, about 95-98% still settle before trial.

Finally, for the 2-5% of cases that cannot settle, there is a trial. Trials are a life and post of their own, so I won’t dwell on them now, but suffice it to say, if there are irregularities in the pre-trial rulings or trial, the parties may appeal to the Montana Supreme Court. The chances of having to take a case up on appeal after it’s been through trial are even rarer than just going to trial.

Even though the chances of a case going to trial are slim, we are serious about all our cases and prepare every case as if it will go to trial.  That means we are contacting witnesses, figuring out facts, and talking with our clients often and early in the case’s journey. This is part of the reason we get to know our clients so well and it might be part of the reason why we try so few cases.

So, there you have it, the journey a person may expect in an injury case.

Personal Injury auto accident,  med mal,  personal injury,  product liability,  wrongful death

Take the Next Step

Get the Answers You Need to Move Forward

The team at Grizzly Law can help you make sense of your legal issues so you can finally have clarity on how to move forward with your case. Talk to an attorney now.

Start Here

Primary Sidebar

Recent Posts

  • Grizzly Law Obtains $1.2 Million Verdict for Client MontanaSky
  • Montana Laws Governing Cyclists and Roadway Bicycling
  • Are Rental Car Costs Covered?
  • Remote Texting Liability
  • Liability for Texting A Driver

Grizzly Law

1131 South Main Street
Kalispell 59901
Phone: (406) 752-7122
Fax: (406) 752-3367
  • Grizzly Law
Henning, Rutz, and McCormack PLLC BBB Business Review
Free Personal Injury Consultation

Turn Your Setbacks Into Comebacks

Meet with Grizzly Law for a free case review. We'll evaluate your personal injury case and provide recommendations on next steps to get you moving forward.

Get Help Now

Footer

Quick Links

  • Montana Car Accident Guide
  • Contact Us
  • Educate
  • Privacy Policy
  • Legal Disclaimer

Practice Areas

  • Personal Injury Lawyer
  • Car Accident
  • Motorcycle Accident
  • Slip and Fall
  • Medical Malpractice
  • Bicycle or Pedestrian Injury

Contact Us

1131 South Main Street
Kalispell, Montana 59901
Phone: (406) 752-7122
Fax: (406) 752-3367

Monday8:30 AM - 5:30 PM
Tuesday8:30 AM - 5:30 PM
Wednesday8:30 AM - 5:30 PM
Thursday8:30 AM - 5:30 PM
Friday8:30 AM - 5:30 PM

The information presented on this website is not intended as and should not be interpreted as legal advice or legal opinion. Do not act or rely upon the information on this website without seeking the advice of an attorney.

Copyright © 2023 Grizzly Law · All Rights Reserved · Made in Montana by Brandish